Research On Legal Issue Of Transfering Of Contractual Right Of Rural Land

China as a big agricultural country, if agriculture is not prosperity, it will not have good prospects. October 2008 Third Plenary Session of the 17th Communist Party of China adopted the "CPC Central Committee on rural reform, development of a number of major issues", explicitly states that "rural areas, agriculture and farmers take a significant role in developing" "Agriculture is an strategic industry". We can see that agriculture has a pivotal position in the whole economic system .But small-scale family unit business model can not adapt to rural areas and the development of social productivity. In order to as soon as possible of achieving industrialization, specialization, scale of operation, it must set up a scientific and rational rural land contracting system to maximizing the economic value of the land, even to adapting different situations and different levels of development of objective needs better and to solving a large number of peasants who were unable to cultivate fields, in addition it can put together the land to protect the peasants's benefit, keeping the balance of production factors. Finally making a situation for large-scale agricultural production, it is useful to optimizing agricultural's modernization and globalization.Because of two-tier operating system of household contracting and integrating making great changes in China rural, it is considered as a most successful revolution in China's economic history. However, thirty years later, it is facing a unprecedented challenges. China has entered the middle stage of industrialization, this rugged-style business mode has been seriously hampered the development of agriculture. Present there are many laws about land contracting right but not perfect, so that leading a large number of issues. With Property Law implementing, it defined land contracting right as Usufructuary, it ended the discuss of the nature of land contracting right, but it still did not reduce the problem about transferring of land contracting right. Land Contract Law formulated that transferring mode included subcontracting, rent, swap, transfer, to a certain extent it alleviated the contradiction, but this still did not solve the problem. Because of underdevelopment productive forces in rural area and low income leading that peasants did not have enthusiastic in farming, in addition with accelerating of urbanization, many peasants moved to cities to work in secondary and tertiary industry, it took shape a ambiguous relationship between peasants, land and land contracting right. Current system of transferring of land contracting right has defects itself, so it can not solve the problem finally. In order to alleviate the land conflicts, we must reform the current system of transferring of land contracting right.In this paper, transferring of land contracting right as a object and establishing a perfect legal system of land contracting right as a target, on this basis, we discuss in detail through three parts. First part, it elaborates the concept of land contracting right and transferring of land contracting right. Second part, it analysis the mode of transferring of land contracting right, and divides them into two categories. This part deeply analysis three transferring mode, including transfer, mortgage, shares, and proposes that establishing trust system of land contracting right can alleviate current contradiction, it makes limited rural land fully utilized and deployed . Third part, combined with the situation of rural area in China, it put forward some suggestion about consummating transferring of land contracting right.